Lawyer circulates ideas about a lawsuit over the marijuana ruling

Little Rock lawyer Jack Wagoner has posted a Q&A on his Facebook page about the Supreme Court marijuana ruling yesterday that includes a solicitation for potential plaintiffs in a lawsuit he's contemplating.

Wagoner is not associated with the Issue 7 backers who've already said they will ask the Arkansas Supreme Court to reconsider its decision Thursday invalidating a vote on the initiated act for lack of sufficient valid signatures of registered voters.

I've known Jack for years. He was a law clerk for my wife many years ago. He's brilliant. And passionate. And has a highly developed sense of outrage. The board of the Arkansas Public Law Center, which files public interest lawsuits and of which I'm a member, helped pay Jack's costs in the successful federal lawsuit he filed challenging the state ban on same-sex marriage.

Now it's marijuana. He begin firing off e-mails last night. He just thought it was wrong to strike the measure Thursday, four days and more than 100,000 ballots after voting had begun. He's been looking for a way to attack the decision. It won't be easy. But he is interested in trying. His Facebook post on that includes some generally relevant ideas about voting on the issue:

IF YOU SUPPORT MEDICAL MARIJUANA AND WISH TO HELP STRAIGHTEN OUT THE DAMAGE CAUSED BY YESTERDAY'S ARKANSAS SUPREME COURT RULING STRIKING MEASURE 7 FROM THE BALLOT, I WOULD LIKE TO HEAR FROM YOU!

FAQ Regarding the Medical Marijuana Issue:

1. What are my options in voting if I am for medical marijuana?

A: There are two medical marijuana Measures on the ballot. These are Measures 6 and 7. But yesterday, Measure 7 was thrown out by the Arkansas Supreme Court. So, even though Measure 7 was struck down, you will see it on your ballot. But if you vote for it, your vote will not count. THE ONLY WAY THAT YOU CAN VOTE FOR MEDICAL MARIJUANA IN THIS ELECTION IS TO VOTE FOR MEASURE 6.

2. I realize that I have to vote for Measure 6 if I want any form of medical marijuana passed in Arkansas, but will it hurt if I ALSO vote for Measure 7?

A: If you vote for 7 it will not hurt anything SO LONG AS YOU ALSO VOTE FOR MEASURE 6! There are a few self-centered folks tied in with Measure 7 that are still telling people to just vote for 7 because they are seeking a rehearing on the Supreme Court's ruling and the Court might change its mind. That's as likely as a snowball in hell. It is EXTREMELY unlikely that anything will change or that Measure 7 will rise from the ashes now that the Supreme Court has stricken it down.

3. What if I already voted early for 7, but would have voted for 6 if I knew it was the only medical marijuana issue on the ballot?

A: Then you are a disenfranchised voter. Your vote was stolen from you. You will have a legal claim, along with many others, if Measure 6 does not pass.

4. What can I do to help?

A: Tell everyone you know that Measure 7 has been stricken from the ballot and their vote will not count. If they want to vote for medical marijuana, they MUST vote for Measure 6.
Finally, I need a few individuals that are willing to fight to make this right if necessary. It doesn't matter whether you have voted or not. You just need to be a registered voter that either (1) already voted for 7 and against 6, or (2) you are a registered voter in Arkansas that plans to vote for medical marijuana and doesn't want to see people confused by a ballot that contains Measure 7 when Measure 7 is not REALLY on the ballot. It is ideal if you or a loved one suffer from any of the 58 conditions specified by Measure 7 or Measure 6. If you're interested in being part of the cause, inbox me by private message here on Facebook, email me at jack@wagonerlawfirm.com, or text or call me on my cell (501-837-8850). I need to visit with you before Monday. Ideally I hear from you today or early tomorrow so there will be time to talk and perhaps visit in person.

I am not doing this for any reason other than as a public service. I do not expect to be paid by anyone, although it is possible that a nonprofit organization may help some with the cost if a lawsuit is filed. But even though I have no financial motive and would not charge anyone a nickel, I am looking for people that would be willing to serve as plaintiffs if a lawsuit is necessary. So to make sure the ethics folks don't complain I believe I am required to state that THIS IS A SOLICITATION TO PROVIDE LEGAL REPRESENTATION. But, as I said, I will not be charging anyone anything that chooses to stand up to help prevent as many people as possible from voting for 7 and not 6 out of the confusion existing on the current ballot form.

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